Texas 2019 - 86th Regular

Texas House Bill HB78 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R603 DMS-F
2	2	By: Raymond H.B. No. 78
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to local option elections to legalize or prohibit the
8	8	operation of eight-liners; imposing fees; creating criminal
9	9	offenses; increasing criminal penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 17, Election Code, is amended by adding
12	12	Chapter 502 to read as follows:
13	13	CHAPTER 502. LOCAL OPTION ELECTIONS ON OPERATION OF EIGHT-LINERS
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 502.001. DEFINITION. In this chapter, "eight-liner"
16	16	has the meaning assigned by Section 47.01, Penal Code.
17	17	SUBCHAPTER B. MANNER OF CALLING ELECTION
18	18	Sec. 502.051. ELECTION TO BE HELD BY PETITION. On proper
19	19	petition by the required number of voters of a county or of a
20	20	justice precinct or municipality in the county, the commissioners
21	21	court of the county shall order a local option election in that
22	22	political subdivision to legalize or prohibit the operation of
23	23	eight-liners in the political subdivision.
24	24	Sec. 502.052. QUALIFICATION FOR POLITICAL SUBDIVISION TO
25	25	HOLD ELECTION. A political subdivision must have been in existence
26	26	for at least 18 months before a local option election to legalize or
27	27	prohibit the operation of eight-liners in the political subdivision
28	28	may be held.
29	29	Sec. 502.053. APPLICATION FOR PETITION. (a) If 10 or more
30	30	qualified voters of any county, justice precinct, or municipality
31	31	file a written application and provide proof of publication of
32	32	notice in a newspaper of general circulation in that political
33	33	subdivision, the county clerk of the county shall issue to the
34	34	applicants a petition to be circulated among and signed by the
35	35	qualified voters of the political subdivision requesting that a
36	36	local option election be called to determine whether to legalize or
37	37	prohibit the operation of eight-liners in the political
38	38	subdivision.
39	39	(b) Not later than the fifth day after the date the petition
40	40	is issued, the county clerk shall notify the secretary of state that
41	41	the petition has been issued.
42	42	Sec. 502.054. CONTENTS OF APPLICATION FOR PETITION TO
43	43	LEGALIZE. (a) An application for a petition requesting an election
44	44	to legalize the operation of eight-liners must include the heading:
45	45	"Application for Local Option Election Petition to Legalize the
46	46	Operation of Eight-Liners."
47	47	(b) The application must contain the following statement of
48	48	the issue to be voted on, immediately preceding the signatures of
49	49	the applicants: "It is the purpose and intent of the applicants
50	50	whose signatures appear on this application to legalize the
51	51	operation of eight-liners in (name of political subdivision)."
52	52	Sec. 502.055. CONTENTS OF APPLICATION FOR PETITION TO
53	53	PROHIBIT. (a) An application for a petition requesting an election
54	54	to prohibit the operation of eight-liners must include the heading:
55	55	"Application for Local Option Election Petition to Prohibit the
56	56	Operation of Eight-Liners."
57	57	(b) The application must contain the following statement of
58	58	the issue to be voted on, immediately preceding the signatures of
59	59	the applicants: "It is the purpose and intent of the applicants
60	60	whose signatures appear on this application to prohibit the
61	61	operation of eight-liners in (name of political subdivision)."
62	62	Sec. 502.056. PETITION REQUIREMENTS. A petition must
63	63	include the date the petition is issued by the county clerk and be
64	64	serially numbered. Each page of the petition must bear the same
65	65	date and serial number and the actual seal of the county clerk
66	66	rather than a facsimile of that seal.
67	67	Sec. 502.057. HEADING AND STATEMENT ON PETITION TO
68	68	LEGALIZE. (a) Each page of the petition for a local option
69	69	election to legalize the operation of eight-liners must include the
70	70	heading: "Petition for Local Option Election to Legalize the
71	71	Operation of Eight-Liners."
72	72	(b) The petition must contain the following statement of the
73	73	issue to be voted on, immediately preceding the signatures of the
74	74	petitioners: "It is the purpose and intent of the petitioners whose
75	75	signatures appear on this petition to legalize the operation of
76	76	eight-liners in (name of political subdivision)."
77	77	Sec. 502.058. HEADING AND STATEMENT ON PETITION TO
78	78	PROHIBIT. (a) Each page of the petition for a local option
79	79	election to prohibit the operation of eight-liners must include the
80	80	heading: "Petition for Local Option Election to Prohibit the
81	81	Operation of Eight-Liners."
82	82	(b) The petition must contain the following statement of the
83	83	issue to be voted on, immediately preceding the signatures of the
84	84	petitioners: "It is the purpose and intent of the petitioners whose
85	85	signatures appear on this petition to prohibit the operation of
86	86	eight-liners in (name of political subdivision)."
87	87	Sec. 502.059. OFFENSE: MISREPRESENTATION OF PETITION. (a)
88	88	A person commits an offense if the person misrepresents the purpose
89	89	or effect of a petition issued under this chapter.
90	90	(b) An offense under this section is a Class B misdemeanor.
91	91	Sec. 502.060. COPIES OF PETITION; RECORDS. (a) The county
92	92	clerk shall provide the number of copies of the petition required by
93	93	the applicants provided that number does not exceed one page for
94	94	every 10 registered voters of the county or of a justice precinct or
95	95	municipality in the county. Each copy must bear the date, number,
96	96	and seal on each page as required on the original petition.
97	97	(b) The county clerk shall keep a copy of each petition and a
98	98	record of the applicants for the petition.
99	99	Sec. 502.061. VERIFICATION OF PETITION. (a) Except as
100	100	otherwise provided by Section 277.003, the voter registrar of the
101	101	county shall check the names of the signers of petitions and the
102	102	voting precincts in which the signers reside to determine whether
103	103	the signers were qualified voters of the county, justice precinct,
104	104	or municipality at the time the petition was issued. The registrar
105	105	shall certify to the commissioners court the number of qualified
106	106	voters signing the petition.
107	107	(b) A petition signature may not be counted unless:
108	108	(1) the signature is the actual signature of the
109	109	purported signer;
110	110	(2) the petition contains in addition to the
111	111	signature:
112	112	(A) the signer's printed name;
113	113	(B) the signer's date of birth;
114	114	(C) if the territory from which signatures must
115	115	be obtained is situated in more than one county, the county of
116	116	registration;
117	117	(D) the signer's residence address; and
118	118	(E) the date of signing; and
119	119	(3) the petition complies with any other applicable
120	120	requirements prescribed by law.
121	121	(c) The use of ditto marks or abbreviations does not
122	122	invalidate a signature if the required information is reasonably
123	123	ascertainable.
124	124	(d) The omission of the state from the signer's residence
125	125	address does not invalidate a signature unless the political
126	126	subdivision from which the signature is obtained is situated in
127	127	more than one state. The omission of the zip code from the address
128	128	does not invalidate a signature.
129	129	(e) The signature is the only entry on the petition that is
130	130	required to be in the signer's handwriting.
131	131	(f) A signer may withdraw the signer's signature by deleting
132	132	the signature from the petition or by filing with the voter
133	133	registrar an affidavit requesting that the signature be withdrawn
134	134	from the petition. A signer may not withdraw the signature from a
135	135	petition on or after the date the petition is received by the
136	136	registrar. A withdrawal affidavit filed by mail is considered to be
137	137	filed at the time of its receipt by the registrar. The withdrawal
138	138	of a signature nullifies the signature on the petition and places
139	139	the signer in the same position as if the signer had not signed the
140	140	petition.
141	141	Sec. 502.062. REQUIREMENTS TO ORDER ELECTION. (a) The
142	142	commissioners court, at its next regular session on or after the
143	143	30th day after the date a petition is filed, shall order a local
144	144	option election to be held on the issue set out in the petition that
145	145	complies with the requirements of Subsection (b).
146	146	(b) The petition must:
147	147	(1) be filed with the voter registrar not later than
148	148	the 60th day after the date the petition is issued; and
149	149	(2) bear the signatures of a number of qualified
150	150	voters of the political subdivision equal to at least 35 percent of
151	151	the registered voters of the subdivision who voted in the most
152	152	recent gubernatorial election.
153	153	(c) A voter whose name appears on the list of registered
154	154	voters with the notation "S," or a similar notation, shall be
155	155	excluded from the computation of the number of registered voters of
156	156	a particular territory.
157	157	Sec. 502.063. RECORD IN MINUTES. The commissioners court
158	158	shall enter in its minutes the date a petition is presented, the
159	159	names of the signers, and the action taken with respect to the
160	160	petition.
161	161	Sec. 502.064. ISSUES TO APPEAR IN ORDER FOR ELECTION. (a)
162	162	The election order must state in its heading and text whether the
163	163	local option election to be held is for the purpose of legalizing or
164	164	prohibiting the operation of eight-liners as set out in the issue
165	165	recited in the application and petition.
166	166	(b) The order must state the issue to be voted on in the
167	167	election.
168	168	Sec. 502.065. BALLOT. The ballot in an election to legalize
169	169	or prohibit the operation of eight-liners shall be prepared to
170	170	permit voting for or against: "The legal operation of eight-liners
171	171	in (name of political subdivision)."
172	172	Sec. 502.066. EVIDENCE OF VALIDITY. The commissioners
173	173	court election order is prima facie evidence of compliance with all
174	174	provisions necessary to give the order validity or to give the
175	175	commissioners court jurisdiction to make the order valid.
176	176	Sec. 502.067. FREQUENCY OF ELECTIONS. A local option
177	177	election on a particular issue may not be held in a political
178	178	subdivision until after the first anniversary of the date of the
179	179	most recent local option election in that political subdivision on
180	180	that issue.
181	181	SUBCHAPTER C. HOLDING OF ELECTION
182	182	Sec. 502.101. APPLICABILITY OF ELECTION CODE. Except as
183	183	provided by this chapter, the officers holding a local option
184	184	election shall hold the election in the manner provided by this
185	185	code.
186	186	Sec. 502.102. ELECTION PRECINCTS. (a) County election
187	187	precincts shall be used for a local option election to be held in an
188	188	entire county or in a justice precinct.
189	189	(b) Election precincts established by the governing body of
190	190	the municipality for its municipal elections shall be used for a
191	191	local option election to be held in a municipality. If the
192	192	governing body has not established precincts for its municipal
193	193	elections, the commissioners court of the county in which the
194	194	municipality is located shall prescribe the election precincts for
195	195	the local option election under the law governing establishment of
196	196	precincts for municipal elections.
197	197	Sec. 502.103. ISSUE ON BALLOT. (a) The issue ordered to
198	198	appear on the ballot for an election ordered by the commissioners
199	199	court must be the same as the issue applied for and set out in the
200	200	petition.
201	201	(b) The ballot must include the language required by Section
202	202	502.065.
203	203	Sec. 502.104. COUNTY PAYMENT OF ELECTION EXPENSES. The
204	204	county shall pay the expense of holding a local option election
205	205	authorized by this chapter in the county or in a justice precinct or
206	206	municipality in the county except that:
207	207	(1) if an election is to be held only within the
208	208	corporate limits of a municipality located wholly within the
209	209	county, the county may require the municipality to reimburse the
210	210	county for all or part of the expenses of holding the local option
211	211	election;
212	212	(2) county payment of the expense of an election to
213	213	legalize the operation of eight-liners is limited to the holding of
214	214	one election in a political subdivision during a one-year period;
215	215	and
216	216	(3) county payment of the expense of an election to
217	217	prohibit the operation of eight-liners is limited to the holding of
218	218	one election in a political subdivision during a one-year period.
219	219	Sec. 502.105. DEPOSIT REQUIRED FOR CERTAIN ELECTIONS;
220	220	OFFENSE. (a) If a county is not required to pay the expense of a
221	221	local option election under Section 502.104, the county clerk shall
222	222	require the applicants for a petition for a local option election to
223	223	make a deposit before the issuance of the petition.
224	224	(b) The deposit must be in the form of a cashier's check in
225	225	an amount equal to 25 cents per voter listed on the current list of
226	226	registered voters residing in the county or in a justice precinct or
227	227	municipality in the county where the election is to be held.
228	228	(c) The money received shall be deposited in the county's
229	229	general fund. A refund may not be made to the applicants regardless
230	230	of whether the petition is returned to the county clerk or the
231	231	election is ordered.
232	232	(d) The county clerk may not issue a petition to the
233	233	applicants unless a deposit required by this chapter is made.
234	234	(e) A person who violates Subsection (d) commits an offense.
235	235	An offense under this subsection is a misdemeanor punishable by:
236	236	(1) a fine of not less than $200 nor more than $500;
237	237	(2) confinement in the county jail for not more than 30
238	238	days; or
239	239	(3) both the fine and confinement.
240	240	Sec. 502.106. ELECTION IN CERTAIN MUNICIPALITIES. (a)
241	241	This section applies only to an election to legalize or prohibit the
242	242	operation of eight-liners in a municipality located in more than
243	243	one county.
244	244	(b) An election to which this section applies shall be
245	245	conducted by the municipality instead of the counties. For the
246	246	purposes of an election conducted under this section, a reference
247	247	in this chapter to:
248	248	(1) the county is considered to refer to the
249	249	municipality;
250	250	(2) the commissioners court is considered to refer to
251	251	the governing body of the municipality;
252	252	(3) the county clerk or voter registrar is considered
253	253	to refer to the secretary of the municipality or, if the
254	254	municipality does not have a secretary, to the person performing
255	255	the functions of a secretary of the municipality; and
256	256	(4) the county judge is considered to refer to the
257	257	mayor of the municipality or, if the municipality does not have a
258	258	mayor, to the presiding officer of the governing body of the
259	259	municipality.
260	260	(c) The municipality shall pay the expense of the election.
261	261	(d) An action to contest the election under Section 502.155
262	262	may be brought in the district court of any county in which the
263	263	municipality is located.
264	264	SUBCHAPTER D. PROCEDURE FOLLOWING ELECTION
265	265	Sec. 502.151. DECLARATION OF RESULT. (a) On completing the
266	266	canvass of the election returns, the commissioners court shall
267	267	issue an order declaring the election result, and the clerk of the
268	268	commissioners court shall record the order as provided by law.
269	269	(b) In a legalization election, if a majority of the votes
270	270	cast favor legalizing the operation of eight-liners in the
271	271	political subdivision, the operation of eight-liners within the
272	272	boundaries of the political subdivision is legal on the entering of
273	273	the court's order. The legalization remains in effect until
274	274	changed by a subsequent local option election held under this
275	275	chapter.
276	276	(c) In a prohibitory election, if a majority of the votes
277	277	cast favor prohibiting the legal operation of eight-liners in the
278	278	political subdivision, the court's order must state that the
279	279	operation of eight-liners within the boundaries of the political
280	280	subdivision is prohibited effective on the 30th day after the date
281	281	the order is entered. The prohibition remains in effect until
282	282	changed by a subsequent local option election held under this
283	283	chapter.
284	284	(d) The local option status of a political subdivision does
285	285	not change as a result of the election if less than a majority of the
286	286	votes cast favor the issue.
287	287	Sec. 502.152. ORDER PRIMA FACIE EVIDENCE. The order of the
288	288	commissioners court declaring an election result is prima facie
289	289	evidence that all provisions of law have been complied with in
290	290	giving notice of and holding the election, counting and returning
291	291	the votes, and declaring the result of the election.
292	292	Sec. 502.153. CERTIFICATION OF RESULT. Not later than the
293	293	third day after the date the result of a local option election has
294	294	been declared, the county clerk shall certify the result to the
295	295	secretary of state. The clerk may not charge a fee for this
296	296	service.
297	297	Sec. 502.154. POSTING ORDER PROHIBITING OPERATION. (a) A
298	298	commissioners court order declaring the result of a local option
299	299	election and prohibiting the operation of eight-liners within the
300	300	boundaries of a political subdivision must be published by posting
301	301	the order at three public places in the political subdivision in
302	302	which the election was held.
303	303	(b) The county judge shall record the posting of the order
304	304	in the minutes of the commissioners court. The entry in the minutes
305	305	or a copy certified under the hand and seal of the county clerk is
306	306	prima facie evidence of the posting.
307	307	Sec. 502.155. ELECTION CONTEST. (a) The enforcement of
308	308	local option laws in the political subdivision in which an election
309	309	is being contested is not suspended during an election contest.
310	310	(b) The result of an election contest finally settles all
311	311	questions relating to the validity of that election. A person may
312	312	not call the legality of that election into question again in any
313	313	other suit or proceeding.
314	314	(c) If an election contest is not timely instituted, it is
315	315	conclusively presumed that the election is valid and binding in all
316	316	respects on all courts.
317	317	SUBCHAPTER E. MISCELLANEOUS LOCAL OPTION PROVISIONS
318	318	Sec. 502.201. LOCAL OPTION STATUS OF AREA. (a) In a
319	319	criminal prosecution, all trial courts of this state shall take
320	320	judicial notice of whether the operation of eight-liners is legal
321	321	or prohibited in an area.
322	322	(b) In an information, complaint, or indictment, an
323	323	allegation that the operation of eight-liners is prohibited in an
324	324	area is sufficient, but a different status of the area may be urged
325	325	and proved as a defense.
326	326	Sec. 502.202. CHANGE OF STATUS. Except as provided in
327	327	Section 502.203, a political subdivision that has exercised or may
328	328	exercise the right of local option to legalize or prohibit the
329	329	operation of eight-liners retains the status adopted until that
330	330	status is changed by a subsequent local option election in the same
331	331	political subdivision.
332	332	Sec. 502.203. PREVAILING STATUS: RESOLUTION OF CONFLICTS.
333	333	To ensure that each voter has the maximum possible control over the
334	334	status of the operation of eight-liners in the area where the voter
335	335	resides:
336	336	(1) the status that resulted from or is the result of a
337	337	duly called election for a municipality prevails against the status
338	338	that resulted from or is the result of an election in the county in
339	339	which the municipality or any part of the municipality is located;
340	340	and
341	341	(2) the status that resulted from or is the result of
342	342	an election for a justice precinct prevails against the status that
343	343	resulted from or is the result of an election in a municipality in
344	344	which the justice precinct is wholly contained or in a county in
345	345	which the justice precinct is located.
346	346	Sec. 502.204. CHANGE IN PRECINCT BOUNDARIES. (a) When a
347	347	local option status is in effect as the result of the vote in a
348	348	justice precinct, the status shall remain in effect until the
349	349	status is changed as the result of a vote in the same territory that
350	350	constituted the precinct when the status was established. If the
351	351	boundaries of the justice precinct have changed since the status
352	352	was established, the commissioners court shall, for purposes of a
353	353	local option election, define the boundaries of the original
354	354	precinct. A local option election may be held within the territory
355	355	defined by the commissioners court as constituting the original
356	356	precinct.
357	357	(b) Nothing in this section is intended to affect the
358	358	operation of Section 502.203.
359	359	(c) Section 502.104, relating to the payment of local option
360	360	election expenses, applies to elections held in a territory that is
361	361	defined in accordance with Subsection (a) of this section.
362	362	SECTION 2. Section 2153.002, Occupations Code, is amended
363	363	by amending Subdivisions (1), (5), and (6) and adding Subdivision
364	364	(2-a) to read as follows:
365	365	(1) "Coin-operated machine" means any kind of machine
366	366	or device operated by or with a coin or other United States
367	367	currency, metal slug, token, electronic card, or check, including a
368	368	music or skill or pleasure coin-operated machine. The term does not
369	369	include an eight-liner.
370	370	(2-a) "Eight-liner" has the meaning assigned by
371	371	Section 47.01, Penal Code.
372	372	(5) "Operator" means a person who exhibits or
373	373	displays, or permits to be exhibited or displayed, a coin-operated
374	374	machine or an eight-liner in this state in a place of business that
375	375	is not owned by the person.
376	376	(6) "Owner" means a person who owns a coin-operated
377	377	machine or an eight-liner in this state.
378	378	SECTION 3. Chapter 2153, Occupations Code, is amended by
379	379	adding Subchapter K to read as follows:
380	380	SUBCHAPTER K. FEE ON EIGHT-LINERS
381	381	Sec. 2153.501. IMPOSITION OF FEE. (a) A fee is imposed on
382	382	each eight-liner that an owner exhibits or displays, or permits to
383	383	be exhibited or displayed, in this state.
384	384	(b) The amount of the fee is $350 per year.
385	385	Sec. 2153.502. EXEMPTION. The fee imposed under this
386	386	subchapter does not apply to an owner of an eight-liner if the owner
387	387	possesses the eight-liner for resale only.
388	388	Sec. 2153.503. PRORATED FEE. The fee on an eight-liner
389	389	first exhibited or displayed in this state after March 31 of any
390	390	year is one-fourth of the amount imposed under Section 2153.501 for
391	391	each quarter or partial quarter of the calendar year remaining
392	392	after the date the owner first exhibits or displays the
393	393	eight-liner.
394	394	Sec. 2153.504. COLLECTION. (a) The comptroller shall
395	395	collect the fee.
396	396	(b) In collecting the fee, the comptroller may:
397	397	(1) collect the fee on a quarterly basis;
398	398	(2) establish procedures for quarterly collection of
399	399	the fee; and
400	400	(3) establish dates on which the fee payment is due.
401	401	(c) An owner required to pay a fee under this section shall
402	402	pay the fee to the comptroller by cashier's check, money order, or
403	403	any other method authorized by the comptroller.
404	404	Sec. 2153.505. ALLOCATION OF REVENUE. (a) The comptroller
405	405	shall deposit 30 percent of each fee collected under this
406	406	subchapter to the credit of the general revenue fund.
407	407	(b) For an eight-liner located in a municipality, the
408	408	comptroller shall remit 70 percent of the fee collected under this
409	409	subchapter to the municipality in which the eight-liner is located.
410	410	(c) For an eight-liner located outside a municipality, the
411	411	comptroller shall remit 70 percent of the fee collected under this
412	412	subchapter to the county in which the eight-liner is located.
413	413	(d) The comptroller shall remit fee revenue to a
414	414	municipality or county under this section as soon as feasible after
415	415	collecting the fee.
416	416	Sec. 2153.506. REFUND OR CREDIT PROHIBITED. The comptroller
417	417	may not refund or assign credit for the fee imposed under this
418	418	subchapter to an owner who ceases to exhibit or display an
419	419	eight-liner before the end of the calendar year for which the fee is
420	420	imposed.
421	421	Sec. 2153.507. FEE PERMIT. (a) The comptroller shall issue
422	422	a fee permit to an owner who pays the fee.
423	423	(b) The comptroller may issue a duplicate fee permit to an
424	424	owner if the owner's fee permit is lost, stolen, or destroyed. The
425	425	fee for a duplicate permit is $5.
426	426	(c) A fee permit shall be securely attached to the
427	427	eight-liner for which the permit is issued in a manner that requires
428	428	the continued application of steam and water to remove the permit.
429	429	Sec. 2153.508. APPLICABILITY OF TAX CODE. Subtitle B, Title
430	430	2, Tax Code, applies to the administration, collection, and
431	431	enforcement of taxes, penalties, and interest under this
432	432	subchapter.
433	433	SECTION 4. Section 234.131(1), Local Government Code, is
434	434	amended to read as follows:
435	435	(1) "Amusement redemption machine" means a bona fide
436	436	amusement device as defined by Section 47.01, Penal Code, operated
437	437	in a manner that constitutes an affirmative defense under Section
438	438	47.091, Penal Code [any electronic, electromechanical, or
439	439	mechanical contrivance designed, made, and adopted for bona fide
440	440	amusement purposes that rewards the player exclusively with noncash
441	441	merchandise, prizes, toys, or novelties, or a representation of
442	442	value redeemable for those items, with a wholesale value available
443	443	from a single play of the game or device in an amount not more than
444	444	10 times the amount charged to play the game or device once or $5,
445	445	whichever amount is less].
446	446	SECTION 5. Section 47.01, Penal Code, is amended by
447	447	amending Subdivisions (4) and (9) and adding Subdivisions (10),
448	448	(11), and (12) to read as follows:
449	449	(4) "Gambling device" means any device [electronic,
450	450	electromechanical, or mechanical contrivance not excluded under
451	451	Paragraph (B)] that for [a] consideration affords the player or
452	452	user of the device an opportunity to obtain any thing [anything] of
453	453	value, the award of which is determined solely or partially by
454	454	chance, even though accompanied by some skill[, whether or not the
455	455	prize is automatically paid by the contrivance]. The term[:
456	456	[(A)] includes, but is not limited to, a gambling
457	457	device version [versions] of bingo, keno, blackjack, lottery,
458	458	roulette, video poker, or similar electronic, electromechanical,
459	459	or mechanical games, or a facsimile of any of those games
460	460	[facsimiles thereof], that:
461	461	(A) operates solely or partially [operate] by
462	462	chance;
463	463	(B) [or partially so, that] as a result of the
464	464	play or use [operation] of the game, awards [award] credits or free
465	465	games; [,] and
466	466	(C) records [that record] the number of free
467	467	games or credits [so] awarded and the cancellation or removal of the
468	468	free games or credits[; and
469	469	[(B) does not include any electronic,
470	470	electromechanical, or mechanical contrivance designed, made, and
471	471	adapted solely for bona fide amusement purposes if the contrivance
472	472	rewards the player exclusively with noncash merchandise prizes,
473	473	toys, or novelties, or a representation of value redeemable for
474	474	those items, that have a wholesale value available from a single
475	475	play of the game or device of not more than 10 times the amount
476	476	charged to play the game or device once or $5, whichever is less].
477	477	(9) "Thing of value" means any property, money, right,
478	478	privilege, or other benefit, including a representation of value
479	479	redeemable for any property, money, right, privilege, or other
480	480	benefit [but does not include an unrecorded and immediate right of
481	481	replay not exchangeable for value].
482	482	(10) "Device" includes all or part of an electronic,
483	483	electromechanical, or mechanical contrivance, machine, or
484	484	apparatus.
485	485	(11) "Eight-liner" means an electronic device capable
486	486	of simulating the play of a traditional mechanical slot machine, or
487	487	one-armed bandit, regardless of the number of lines of play on the
488	488	device, that for the payment of consideration affords a player of a
489	489	game on the device an opportunity to win a prize based solely or
490	490	partially on chance, if the prize from a single play of the game
491	491	consists of:
492	492	(A) cash in an amount of $1,500 or less; or
493	493	(B) noncash merchandise, or a representation of
494	494	value redeemable for noncash merchandise, that has a wholesale
495	495	value of $1,500 or less.
496	496	(12) "Bona fide amusement device" means a device on
497	497	which an amusement game or other activity can be played or conducted
498	498	for consideration, for which skill is the predominating requirement
499	499	for a player of the game to win or be awarded a thing of value. The
500	500	term does not include:
501	501	(A) an eight-liner; or
502	502	(B) an electronic, electromechanical, or
503	503	mechanical version of bingo, keno, blackjack, lottery, roulette,
504	504	video poker, or a similar game, or a facsimile of any of those
505	505	games, that operates solely or partially by chance.
506	506	SECTION 6. Section 47.02(c), Penal Code, as effective April
507	507	1, 2019, is amended to read as follows:
508	508	(c) It is a defense to prosecution under this section that
509	509	the actor reasonably believed that the conduct:
510	510	(1) was permitted under Chapter 2001, Occupations
511	511	Code;
512	512	(2) was permitted under Chapter 2002, Occupations
513	513	Code;
514	514	(3) was permitted under Chapter 2004, Occupations
515	515	Code;
516	516	(4) consisted entirely of participation in the state
517	517	lottery authorized by the State Lottery Act (Chapter 466,
518	518	Government Code);
519	519	(5) was permitted under Subtitle A-1, Title 13,
520	520	Occupations Code (Texas Racing Act); [or]
521	521	(6) consisted entirely of participation in a drawing
522	522	for the opportunity to participate in a hunting, fishing, or other
523	523	recreational event conducted by the Parks and Wildlife Department;
524	524	or
525	525	(7) consisted entirely of operating an eight-liner in
526	526	an area in which the operation of eight-liners has been legalized by
527	527	a local option election under Chapter 502, Election Code.
528	528	SECTION 7. Section 47.03(b), Penal Code, is amended to read
529	529	as follows:
530	530	(b) An offense under this section is a Class A misdemeanor,
531	531	except that the offense is:
532	532	(1) a state jail felony if:
533	533	(A) the offense involves a device described by
534	534	Section 47.01(11) other than the monetary prize limits provided by
535	535	Sections 47.01(11)(A) and (B); and
536	536	(B) the prize for a single play of the game is
537	537	more than $1,500 but less than $20,000;
538	538	(2) a felony of the third degree if:
539	539	(A) the offense involves a device described by
540	540	Section 47.01(11) other than the monetary prize limits provided by
541	541	Sections 47.01(11)(A) and (B); and
542	542	(B) the prize for a single play of the game is at
543	543	least $20,000 but less than $100,000; or
544	544	(3) a felony of the second degree if:
545	545	(A) the offense involves a device described by
546	546	Section 47.01(11) other than the monetary prize limits provided by
547	547	Sections 47.01(11)(A) and (B); and
548	548	(B) the prize for a single play of the game is
549	549	$100,000 or more.
550	550	SECTION 8. Section 47.04(c), Penal Code, is amended to read
551	551	as follows:
552	552	(c) An offense under this section is a Class A misdemeanor,
553	553	except that the offense is:
554	554	(1) a state jail felony if:
555	555	(A) the offense involves a device described by
556	556	Section 47.01(11) other than the monetary prize limits provided by
557	557	Sections 47.01(11)(A) and (B); and
558	558	(B) the prize for a single play of the game is
559	559	more than $1,500 but less than $20,000;
560	560	(2) a felony of the third degree if:
561	561	(A) the offense involves a device described by
562	562	Section 47.01(11) other than the monetary prize limits provided by
563	563	Sections 47.01(11)(A) and (B); and
564	564	(B) the prize for a single play of the game is at
565	565	least $20,000 but less than $100,000; or
566	566	(3) a felony of the second degree if:
567	567	(A) the offense involves a device described by
568	568	Section 47.01(11) other than the monetary prize limits provided by
569	569	Sections 47.01(11)(A) and (B); and
570	570	(B) the prize for a single play of the game is
571	571	$100,000 or more.
572	572	SECTION 9. Section 47.06(e), Penal Code, is amended to read
573	573	as follows:
574	574	(e) An offense under this section is a Class A misdemeanor,
575	575	except that the offense is:
576	576	(1) a state jail felony if:
577	577	(A) the offense involves a device described by
578	578	Section 47.01(11) other than the monetary prize limits provided by
579	579	Sections 47.01(11)(A) and (B); and
580	580	(B) the prize for a single play of the game is
581	581	more than $1,500 but less than $20,000;
582	582	(2) a felony of the third degree if:
583	583	(A) the offense involves a device described by
584	584	Section 47.01(11) other than the monetary prize limits provided by
585	585	Sections 47.01(11)(A) and (B); and
586	586	(B) the prize for a single play of the game is at
587	587	least $20,000 but less than $100,000; or
588	588	(3) a felony of the second degree if:
589	589	(A) the offense involves a device described by
590	590	Section 47.01(11) other than the monetary prize limits provided by
591	591	Sections 47.01(11)(A) and (B); and
592	592	(B) the prize for a single play of the game is
593	593	$100,000 or more.
594	594	SECTION 10. Section 47.09(a), Penal Code, as effective
595	595	April 1, 2019, is amended to read as follows:
596	596	(a) It is a defense to prosecution under this chapter that
597	597	the conduct:
598	598	(1) was authorized under:
599	599	(A) Chapter 2001, Occupations Code;
600	600	(B) Chapter 2002, Occupations Code;
601	601	(C) Chapter 2004, Occupations Code;
602	602	(D) Subtitle A-1, Title 13, Occupations Code
603	603	(Texas Racing Act); or
604	604	(E) Chapter 280, Finance Code;
605	605	(2) consisted entirely of participation in the state
606	606	lottery authorized by Chapter 466, Government Code; [or]
607	607	(3) was a necessary incident to the operation of the
608	608	state lottery and was directly or indirectly authorized by:
609	609	(A) Chapter 466, Government Code;
610	610	(B) the lottery division of the Texas Lottery
611	611	Commission;
612	612	(C) the Texas Lottery Commission; or
613	613	(D) the director of the lottery division of the
614	614	Texas Lottery Commission; or
615	615	(4) consisted entirely of operating an eight-liner in
616	616	an area in which the operation of eight-liners has been legalized by
617	617	a local option election under Chapter 502, Election Code.
618	618	SECTION 11. Chapter 47, Penal Code, is amended by adding
619	619	Section 47.091 to read as follows:
620	620	Sec. 47.091. DEFENSES FOR BONA FIDE AMUSEMENT DEVICE. (a)
621	621	It is an affirmative defense to prosecution under Section 47.02
622	622	that:
623	623	(1) the conduct consists entirely of the play or use of
624	624	a bona fide amusement device; and
625	625	(2) the player or user may not win or be awarded a
626	626	thing of value for playing or using the device other than:
627	627	(A) noncash merchandise available only on the
628	628	premises where the device is located; or
629	629	(B) a ticket, coupon, or other representation of
630	630	value redeemable only on the premises where the device is located
631	631	for noncash merchandise.
632	632	(b) For purposes of Subsection (a):
633	633	(1) the noncash merchandise or representation of value
634	634	redeemable for noncash merchandise that may be won or awarded for a
635	635	single play of a game or use of the device may not have a wholesale
636	636	value of more than the lesser of:
637	637	(A) 10 times the amount charged for the single
638	638	play or use; or
639	639	(B) $5; and
640	640	(2) an item of noncash merchandise that may be won or
641	641	awarded for playing or using the device or for which a person may
642	642	redeem one or more tickets, coupons, or other representations of
643	643	value won or awarded for playing or using the device may not have a
644	644	wholesale value of more than $50.
645	645	(c) It is an affirmative defense to prosecution under
646	646	Section 47.03, 47.04, or 47.06 that the conduct consists of or is a
647	647	necessary incident to offering, using, or maintaining one or more
648	648	bona fide amusement devices used exclusively for conduct for which
649	649	Subsection (a) provides an affirmative defense to a person playing
650	650	or using the device, including the manufacturing, transporting,
651	651	storing, or repairing of the device.
652	652	SECTION 12. Section 47.02(e), Penal Code, is repealed.
653	653	SECTION 13. (a) The change in law made by this Act applies
654	654	only to an offense committed on or after the effective date of this
655	655	Act. For purposes of this section, an offense is committed before
656	656	the effective date of this Act if any element of the offense occurs
657	657	before that date.
658	658	(b) An offense committed before the effective date of this
659	659	Act is covered by the law in effect when the offense was committed,
660	660	and the former law is continued in effect for that purpose.
661	661	SECTION 14. (a) This Act takes effect only if the
662	662	constitutional amendment proposed by the 86th Legislature, Regular
663	663	Session, 2019, authorizing local option elections to legalize or
664	664	prohibit the operation of eight-liners takes effect. If that
665	665	amendment is not approved by the voters, this Act has no effect.
666	666	(b) Subject to Subsection (a) of this section:
667	667	(1) Sections 1, 2, and 4 through 13 of this Act take
668	668	effect on the date on which the constitutional amendment described
669	669	by Subsection (a) of this section takes effect; and
670	670	(2) Section 3 of this Act takes effect January 1, 2020.